When and how to seek eviction in Ontario.
The Information On This Page Was Most Recently Revised on July 4, 2022.
To legally remove a tenant from rental property, a landlord must go through the eviction process. To legally evict a tenant, there must be just cause. When a tenant is evicted, it is usually because they have broken a condition of their lease, such as not paying their rent on time. To ensure income during the eviction process, landlords should think about non-payment of rent insurance. Threats to other tenants or the development of criminal activity on the property are grounds for immediate eviction.
When a landlord wants to evict a tenant, he or she must first serve the tenant with an eviction notice, which usually takes the form of a Notice of Termination. Landlords can take matters further by filing an official application with the Landlord and Tenant Board (LTB) for eviction if tenants do not rectify the situation. The Board holds a tribunal where the landlord and tenant can present their cases. In the end, the Board decides. Tenant will have to vacate the premises by a certain date if the Board rules in favor of the landlord.
- Send a written notice to the tenant
The normal procedure for terminating a lease is for the landlord to give the tenant written notice of the termination. The Board's official notice is required for landlords to accomplish this. Forms vary widely depending on the nature of the eviction (explained below). The document specifies the date by which the tenant must vacate the premises and the reason for the eviction. A tenant's tenancy may be saved if they address the grounds for eviction before the termination date. An example of a "tenant's remedy" Landlords must also wait a certain amount of time before petitioning the Board to terminate tenancy for any given reason.
Status Report on COVID-19 All over Covid, landlords are urged to work out reasonable contracts in order to keep their tenants in their units. This could mean postponing payments, such as rent, until a later date.
- Make a Claim with the LTB (Landlord and Tenant Board).
Landlords can request eviction from the Board if tenants fail to fix violations or vacate the premises. Within 30 days of the notice's expiration date is the deadline for most applications. A lease can be terminated for nonpayment of rent at any time, however.
New Information on COVID-19 Although the Landlord and Tenant Board's main offices are closed, many applications can still be filed electronically.
- Come to the Meeting
The Board will typically hold a hearing to consider the landlord's request. Along with the application, it will provide the landlord(s) and tenant(s) with a Notice of Hearing.
Landlords may be required by the LTB to make such records available to tenants, however. If the LTB determines that the landlord must serve the papers, it will issue an "Order to Serve Documents" that specifies the documents and the date by which they must be served. There are specific requirements for the service of these documents. Hearings can be split into two categories:
- The hearing will take place via telephone or video conference, with both parties presenting evidence and arguing their case.
- The hearing will be conducted in writing, with each party presenting their case and any relevant evidence. The Board deliberates after hearing both sides and reviewing supporting materials.
Tenant and landlord can avoid a court hearing by participating in mediation. The LTB offers a free mediation service to assist landlords and tenants in working out their differences. Issues that were left off of the board application can still be resolved through mediation.
If the landlord wants to end the lease, the Board member will look over the paperwork and make a decision about whether or not the tenant should be kicked out. A member of the Board issues a written decision (called an "order") The order will be sent to the landlord and tenant via certified mail. A party may be required to follow specific conditions outlined in the order. Tenancy termination or necessary repairs to the rental unit are two examples of actions that a board member may take. Sometimes it's possible to get an eviction order overturned. For instance, if the tenant received an eviction notice for failing to pay rent, the tenant may avoid eviction by making a rental payment before the specified due date. Tenant can avoid eviction by paying late rent before the deadline and then filing a motion with the board.
After the eviction date, some tenants may still try to occupy the property. A landlord must hire the services of the Court Enforcement Office (or Sheriff's Office) to carry out an eviction. The LTB's order must be filed with the Sheriff's Office before an eviction can be legally enforced. Landlords are not permitted to evict tenants through the use of lock changes or any other non-judicial means, and must instead contact the Sheriff's Department.
An Update on COVID-19 On June 2, 2021, the moratorium on evictions was lifted. Landlords had no legal recourse to evict tenants during COVID, but that is no longer the case.
Eviction forms vary in complexity and number of pages based on the specifics of the situation. Landlord specifies the last day of the lease in the notice, but the tenant is under no obligation to vacate on that date. If the tenant still lives there after that time, the landlord can file an eviction petition with the LTB. The most frequently used eviction forms and their appropriate applications are outlined below. It should be noted, however, that this is by no means an exhaustive list.
- LTB applications require a minimum of 14 days' notice if the tenant pays less frequently than biweekly.
- A minimum of seven days' notice is required if the tenant pays rent on a daily or weekly basis.
- Tenant must give 28 days' notice if paying on a daily or weekly basis.
- Tenants have 60 days to pay whether they pay every two weeks, every month, or once a year.
- If the lease is short-term, the tenant can vacate at the end of the term.
- Preventing other renters from having fun
- Causing careless damage to the building
- There are too many people occupying the space.
- Tenant must provide at least 20 days' notice if giving first notice.
- A second warning within six months requires a 14-day notice from the tenant.
- Endangering the lives of the other renters
- Causing extensive harm on purpose
- Tenant must give at least ten days' notice
- Tenant must give minimum 60-day notice
Landlords can get personalized guidance on which form to fill out by using the Navigate Tribunals Ontario Tool.
In Ontario, how much notice must landlords give before evicting tenants?
Before a landlord can formally apply to the LTB to evict a tenant, they must wait a certain amount of time after filing the appropriate eviction form. Seven days is the minimum and sixty days is the maximum. First, make sure you read the form's instructions.
What impact has COVID-19 had on the eviction process?
Tenants can still be evicted by landlords during a COVID outbreak. Here are the main alterations to the eviction procedure:
- Instead of going to an LTB counter, landlords must now submit eviction applications online.
- Most deliberations now occur via video conferencing.
In Ontario, Canada, how long does it take for the government to process an eviction notice?
The process of being evicted in Ontario takes the longest of any province in the country. The eviction process can take as long as three months. The primary causes of the holdups are:
- On average, a landlord must wait 25 statutory days from the date of notice service before filing an application with the LTB.
- On average, it takes 56 days to get a court date after filing a case with LTB.
- The typical time it takes the Sheriff's Office to carry out an LTB eviction is 30 days.
The cost of evicting a tenant
In Ontario, the average cost for a landlord to evict a tenant is $2500. Legal, sheriff, and court fees are included here. Tenants who have been evicted, however, are not immune to property damage.
During the COVID-19 epidemic, is it possible for landlords to issue eviction notices?
Yes Even in the midst of the pandemic, an eviction notice can be served. An LTB eviction petition can be filed by a landlord with proper notice to the tenant.
In what ways must the eviction notice differ
Landlords can use the eviction notices as legal notice to evict tenants. They risk legal action if they evict without first serving the eviction notice. Notice of Intent to Evict and Reason(s) for Eviction must be Detailed in the Eviction Notice. Furthermore, the eviction date is included. Landlords can choose from a number of different eviction notices.
Can a landlord forcibly evict a tenant by changing the locks?
No An eviction cannot be carried out by the landlord themselves. Legal enforcement of the order requires landlord cooperation with the Sheriff's Department.
The tools and information presented on this page are for illustrative purposes only. WOWA makes no representations or warranties as to the accuracy of the information displayed and disclaims all liability in connection with the use of this calculator.
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